Enforcement Rules of Value-added and Non-value-added Business Tax Act Article 38-2

With respect to a business entity that sells goods or services prescribed in Paragraph 1 of Article 8 of the Act and has applied and obtained an approval pursuant to Paragraph 2 of the same article to waive the application of the provisions governing exemption of business tax, if it intends to revert to its original tax-exempt status, it may apply the provisions regarding exemption of business tax only after applying to the MOF and obtaining its approval.With respect to a banking, insurance, or trust investment enterprise that has applied and obtained an approval pursuant to Paragraph 1 of Article 24 of the Act to calculate the business tax in accordance with Section 1 of Chapter 4 of the Act for the sales amount generated from operations not exclusively authorized to the industry to which the enterprise belongs, if it intends to revert to calculation of the business tax in accordance with Section 2 of Chapter 4 of the Act, it may do so only after applying to the competent tax authority and obtaining its approval.With respect to a business entity that sells goods and services prescribed in Article 7 of the Act and has obtained an approval pursuant to Paragraph 2 of Article 35 of the Act to report the sales amount and the business tax payable or overpaid on a monthly basis, if it intends to revert to reporting on a two-month basis instead, it may do so only after applying to the competent tax authority and obtaining its approval.With respect to a business entity that calculates the business tax in accordance with Section 1 of Chapter 4 of the Act and has obtained an approval pursuant to Paragraph 2 of Article 38 to have the sales amount and the business tax payable or overpaid reported by the head unit in a consolidated manner, if it intends to revert to having the same reported separately by the head unit and the other fixed places of business, it may do so only after applying to the MOF and obtaining its approval.
中文原文 加值型及非加值型營業稅法施行細則第38-2條
銷售本法第八條第一項規定之貨物或勞務,並依同條第二項申請核准放棄適用免稅規定之營業人,擬變更適用免稅規定者,應向財政部申請核准始得適用。
依本法第二十四條第一項規定申請經營非專屬本業之銷售額部分,依本法第四章第一節規定計算稅額之銀行業、保險業及信託投資業,擬變更依本法第四章第二節規定計算稅額者,應向主管稽徵機關申請核准始得適用。
銷售本法第七條規定之貨物或勞務,並依本法第三十五條第二項規定申請核准以每月為一期申報銷售額、應納或溢付營業稅額之營業人,擬變更以每二月為一期申報者,應向主管稽徵機關申請核准始得適用。
依本法第四章第一節規定計算稅額,並依第三十八條第二項規定核准由總機構合併申報銷售額、應納或溢付營業稅額之營業人,擬變更為由其總機構及其他固定營業場所分別申報者,應向財政部申請核准始得適用。

English translation for reference only; the Chinese text prevails. Not legal advice.